Number of legal cautions.

Summary

The requester asked for details on how caution recipients were advised about criminal records, which was adjusted to a request for the cautioning policy. The Isle of Man Constabulary confirmed they hold the information and provided the full 'Police Caution for adult offenders' policy document.

Key Facts

• The request was adjusted to ask for a copy of the cautioning policy rather than specific recipient advice details.
• The policy defines an adult for cautioning purposes as a person aged 18 or over.
• The Isle of Man Police Caution is equivalent to the UK Simple Caution.
• Proposed legislation for 'Conditional Cautions' in the Isle of Man had not been enacted as of March 2012.
• The policy aims to ensure consistency in decision-making between charging and cautioning across Neighbourhood Policing Teams.

Data Disclosed

• 3116 cautions issued between 2014 and October 2017
• 2017-11-23
• 2017-12-05
• 2017-12-04
• IM111345I
• age of 18
• March 2012
• Home Office Circular 16/2008

Data Tables (1)

Full Response Text

MEOIRYN SHEE-ELLAN VANNIN

ISLE OF MAN CONSTABULARY Freedom of Information

4th December 2017

Our Ref: IM111345I

Dear

I write in connection with your request for information dated 23rd November 2017, which was received by this office on 23rd November 2017. I note you seek access to the following information:

In respect of the 3116 cautions issued between 2014 and October 2017 how many recipients of cautions were advised that accepting a caution would result in a criminal record and provide details of how those receiving cautions are advised of this fact.

Upon further communication this request was adjusted to request a copy of the cautioning policy

Following receipt of your request searches were conducted within the Isle of Man Constabulary to locate information relevant to your request. I can confirm that the Isle of Man Constabulary hold the information you have requested.

Please see the information at appendix 1.

Should you have any further inquiries concerning this matter, please write or contact quoting the reference number above.

Yours sincerely

Inspector Mark BRITTON Ba(Hons), MSc, MCMI, CMgr. Freedom of Information Officer

Your right to request a review If you are unhappy with this response to your Freedom of Information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post to The Freedom of Information Officer, Isle of Man Constabulary, Dukes Avenue, Douglas, IM2 4RG. An electronic version and paper version of our complaint form can be found by going to our website. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1 Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2 Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your rights to review is on the Information Commissioner’s website at: https://www.inforights.im/

Appendix 1

Main Aim

This policy relates to the effective use of a Police Caution for adult offenders. For the purposes of this policy only, an adult is defined as a person having reached the age of 18 (existing Youth Justice Team cautioning protocols will continue for juveniles and persons aged 17).

The main aim of this policy is to:

1. Provide guidance on the use of Police Cautions for adult offenders to ensure their effective use in the prevention and detection of crime.
2. Ensure greater consistency (decision to charge/caution) across Neighbourhood Policing Teams and specialist departments of IOMC in the use of Cautions for adult offenders;
3. Clarify how the Police and AGCPD responsibilities for Cautions are affected by the
   Charging Guidance Scheme;
4. Give a clear guidance on the practical process of administering a Caution or dealing with offers of Reparation, restitution and simple rehabilitation;
5. Emphasise the importance of accurate recording of Cautions with regard to the possible impact on the individual offender, to help maintain public confidence, for data collection purposes and provide a standard Caution pro forma for operational use.

Background

A Police Caution is a long established non-statutory disposal for offenders who have committed and admitted low level offences. The legitimate aims of the Cautioning process are:-

 To deal with less serious offences quickly and simply.
 To divert offenders, where appropriate, from the courts (enabling offenders to offer reparation, restitution and simple rehabilitation where appropriate).
 To reduce the likelihood of an offender reoffending.

UK legislation/guidance allows for Police Cautions without conditions (Simple Cautions) and Police Cautions with conditions e.g. restitution/rehabilitation (Conditional Cautions).
Proposed ‘Conditional Caution’ legislation in the IOM has not yet (Mar 2012) been enacted.

A Police Caution in the IOM is the equivalent of the UK Simple Caution1

It is recognised that the decision whether to charge an offender with an offence or to use alternative disposals, including cautions, will usually have an element of subjectivity. As such, no prescriptive decision making model exists.

Historically IOMC has followed good practice from neighbouring jurisdictions. This document formally acknowledges that IOMC and AGCPD will take cognisance of the

1 Many of the UK resources draw a distinction between Conditional Cautions and Simple Cautions. The relevant UK material for comparative purposes will always be those relating to “Simple Cautions”. following UK guidance documents (amended/localised where necessary) in relation to decision making around the use of Adult Cautions:

 Home Office Circular 16/2008 – Simple Cautioning of Adult Offenders - APPENDIX A  Document incorporating The ACPO Gravity Matrix Factor for Adults - APPENDIX B  The Guidance on Charging of the Director of Public Prosecutions (January 2011) – APPENDIX C  The Code For Crown Prosecutors – APPENDIX D  (IOMC policy on Offences Taken into Consideration and DARS should also be considered).

This document provides IOMC/AGCPD personnel with direction in the interpretation of these guidance documents, taking into account the rights of the individual and balancing the use of the cautioning procedure against the right of other individuals and the interests of the community as a whole.

1. Introduction 1.1
   The Caution may be used for all adults involving low level offences where the public interest can be met by a Caution. Only in exceptional circumstances should it be used to deal with more serious offences.

1.2
In such cases the administration of a Caution for a recorded offence will be treated as a sanction detection and an offence brought to justice (OBTJ).

1.3
The accurate use and ethical recording of Cautions can contribute to improved public confidence in the Criminal Justice System and contribute towards reducing the likelihood of re-offending.

1.4
Cautions must be issued in accordance with the Director of Public Prosecutions’ Guidance on Charging which is intended to encourage consistency between Criminal Justice Areas in the use of the Caution. Police officers retain the authority to issue a Caution in all cases other than indictable only offences. These must be referred to the AGCPD for a decision. There are categories of either way offences identified in the ACPO Gravity Matrix which should be referred to the AGCPD.

1.4.1 Police officers can also take advice from the AGCPD at any stage in an investigation on whether a Caution is appropriate, as set out in the Director’s Guidance on Charging.

1.4.2 An offender has a right to free legal advice under the Police Powers and Procedures Act 1998 after arrest and being held in custody at a police station, or if they attend a police station voluntarily and are cautioned prior to interview but not arrested. An offender who has not been arrested cannot be prevented from speaking to an advocate but, unless at a police station, is not entitled as a matter of course to free advice. PPPA requirements in relation to the provision of an Appropriate Adult for mentally vulnerable offenders also apply where a Caution is being considered.

1.5
As Cautions are a non – statutory disposal, the Home Office has not set out definitive rules on the circumstances in which Cautions are appropriate, however the guidance indicates that Cautions should mainly be used where:

 It is appropriate to the offence and the offender and  It is likely to be effective in the circumstances.

1. The Aims of the Caution are: 2.1
   To deal with less serious offences quickly and simply where the offender has admitted the offence.

2.2
To divert offenders from appearing in the criminal courts where appropriate.

2.3 To enable offenders to offer reparation, restitution and simple rehabilitation where appropriate;

2.4
To reduce the likelihood of re-offending.

2.5
To record an individual’s criminal conduct for possible reference in future criminal proceedings or relevant security checks.

1. Criteria for a Caution 3.1
   In deciding whether a Caution is appropriate a police officer must consider:

3.1.1 Is the suspect 18 years or older? (If not consider reprimand and final warning disposals via existing YJT procedures).

3.1.2 Has the suspect made a clear and reliable admission either verbally or in writing? A Caution will not be appropriate where a person has not made a clear and reliable admission of the offence (for example if intent is denied or there are doubts about their mental health or intellectual capacity, or where a statutory defence is offered).

3.1.3 Is there a realistic prospect of conviction if the offender were to be prosecuted in line with the Code for Crown Prosecutors, the Full Code Test? (A clear reliable admission of the offence corroborated by some other material and significant evidential fact, such as an eye witness statement, will be sufficient evidence to provide a realistic prospect of conviction. There is no requirement to build a case file with continuity or corroboration statements).

3.1.4 Is it in the public interest to use a Caution as a means of disposal? (Officers should take into account the public interest factors set out in the Code for Crown Prosecutors, The Full Code Test., in particular the seriousness of the offence.)

3.1.5 Is a Caution appropriate to the offence and the offender? (With reference to ACPO Gravity Factors Matrix and the offender’s criminal history)

3.1.6 Has the offender offered to make reparation, restitution and simple rehabilitation where appropriate?

3.1.7 If the offence is triable on Information only the case must be referred to a Prosecuting Advocate for a decision).

3.1.8 If all the requirements are met, the offence may be suitable for disposal by way of Caution. There are a range of out-of-court disposals available and a decision to administer a Caution needs to be taken in the context of all possible disposals, particularly the opportunity for the suspect to offer reparation, restitution or simple rehabilitation.

Aggravating / Mitigating Factors There may be aggravating or mitigating factors in the course of an offence which will either increase or decrease its seriousness. The ACPO Gravity Factors Matrix assists officers in deciding whether or not a Caution remains the most appropriate disposal.

3.2
Circumstances where a Caution cannot be considered A Caution will not be appropriate where:-

 A person has not made a clear and reliable admission of the offence or has raised a legitimate defence. This includes denial of intent, doubts about mental or intellectual capacity. However an admission that is qualified – where for example an offender commits an offence while drunk but cannot remember the full circumstances – but which is supported by other evidence e.g. CCTV or other witness statement(s) - may be considered to be full and frank if the offender accepts what the evidence discloses.  Where someone refuses to accept a Caution;  Where the offender is a serving prisoner or subject to prison recall.  Where the offender is on court bail or subject to a court order at the time of the offence. (In such cases prosecution bind over or offences being taken into consideration may be more appropriate)

3.3 Integrity of the Cautioning Process In order for there to be an auditable record of the admission of the offence the admission must be recorded by any method, which is Police Powers & Procedure Act 1998 (PPPA) compliant viz:

(a) An unsolicited admission made without any inducement or invitation to comment at any time outside the context of an interview, recorded in writing and to which the suspect has been invited to sign confirming its accuracy. (b) An audio or visually recorded formal interview; (c) A record of admission under caution recorded in the officer’s notebook and signed by the suspect as an accurate record; (d) A formal written statement under caution made by the suspect and signed by them as accurate; (e) A contemporaneous interview under caution signed as accurate by the suspect.

1. The Victim 4.1
   A victim has no right to veto a legitimate decision to caution, in the same way that if there is available evidence from a source other than the victim the victim cannot insist that proceeding are discontinued, but public confidence can and will be strengthened in the cautioning process if a victim is kept informed of the nature of the process and the victim is entitled to express a considered view. Before a Caution is given it is important to establish where possible:

2. The views of the victim about the offence (see below in respect of unsupported prosecutions).

3. The nature and extent of any harm or loss and its significance to the victim’s circumstances.
4. Whether the offender has made any form of reparation/compensation to the victim. (Although this may not be appropriate in some cases, such as violence.)

Police officers should not become involved in negotiating or awarding reparation or compensation. If an offer of reparation, restitution or simple rehabilitation is made, the issue should be addressed to a supervising officer. See below in the section “Reparation, Restitution or Simple Rehabilitation”. All of these factors are relevant to an assessment of whether it is in the public interest to use a Caution as the means of disposal

4.2 Where the views of the victim are sought, care must be taken to ensure they are aware that although their views will be taken into account, they will not necessarily be conclusive to the outcome, and the final decision is at the discretion of the police and/ or AGCPD.

4.3
If a Caution is determined to be the most appropriate disposal the reasoning should be explained to the victim, together with the consequences of receiving the Caution to the offender. Where a victim declines to support a Caution,

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